Samenvatting

Are disputants who have taken out a legal expenses insurance entitled to reimbursement of lawyer fees incurred during mediation, or settlement negotiations? Notably where such negotiation or mediation has unfolded wholly out of court? The EU Court of Justice and the Dutch Financial Services Complaints Board (Kifid) seem to entertain diverging views on this matter, in the cases discussed in this article. The author point out several inconsistencies and urges for a systematic re-thinking of the costs infrastructure connected to legal advice, negotiation/mediation, and litigation respectively.